Page:Notes on the History of Slavery - Moore - 1866.djvu/32

 in the entire array, excepting the opinion of the Court in 1796, already referred to.

This "unanimous opinion of the Court," in 1796, which has been o often quoted to utain the reputation of Maachuetts for early and conitent zeal againt lavery, will hardly uffice to carry the weight aigned to it. In the firt place, the facts proved to the jury in the case itelf were et at naught by the Court in the tatement of this opinion. We quote them, omitting the peculiar phraeology by which they are diguied in the report.

An action was brought by the inhabitants of Littleton, to recover the expene of maintaining a negro, againt Tuttle, his former mater. It was tried in Middleex, October Term, 1796. The negro's name was Cato. His father, named Scipio, was a negro lave when Cato was born, the property of Nathan Chae, an inhabitant of Littleton. Cato's mother, named Violet, was a negro in the ame condition, and the property of Joeph Harwood. Scipio and Violet were lawfully married, and had iue, Cato, born in Littleton, January 18th, 1773, a lave, the property of the aid Harwood, as the owner of his mother. ''Mas. Reports,, 128, note.''

But whatever may be inferred from thee facts taken in connection with the "opinion" of the Court, in 1796, we ak the attention of the reader to another cae a little later, before the ame tribunal. In the cae of Perkins, Town Treaurer of Topsfield, vs. Emerson, tried in Eex, the Court held that a certain negro